St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22

have the right to examine the statement on file
The parties filing lien shall also serve a copy
| OF such lien on the owner agent OF the prop
ertv against which the lien is fled The record
OF ownership In the office OF the register of deeds
shall be satisfactory evidence of ownership
| SEC D. The fact that the person performing
| labor or furnishing material was not enjoined by
| law from performing labor or furnishing mate
rial, by the person in whom the title was vested
| at the time such labor was performed or matte
rial furnished, shall be conclusive evidence that
1t was with and by the consent OF The owner
! that such labor was performed and material
! furnished
SEC. +. Any person filing a lien shall bring
suit for recovery within four "a months after
| such lien is filed.
| SEC. z. Any Justice shall have jurisdiction of
any claim of one hundred dollars ($1OO) and un-
der for the foreclosure OF liens on personal prop
| erty.
| SEC. 8. The court granting Judgment under
this act shall Immediately order the sheriff to
publish notice OF sale of the property on which
| the lien filed. The notice shall be published
for three !;il consecutive weeks in newspaper
published In the county whera the lien was tied
| and II there Is no newspaper then by posting
notice III conspicuous place in the court house
and three 90 ether PLACES in the county for the
same length of time Thirty (3O) days after the
| first publishing or posting such notice the
sheriff shall sell at public auction in front Of the
court house to the highest bidder sufficient
| quanr1ty of the property TO satisfy all claims,
| and the sheriff shall give deed where the prop
erty Is real estate and o bill OF sale for other
property, which shall convey the property and
| take precedence of any other title. Provided
| the properly NAV be redeemed at any time with
| III one year from the date of sale by the person
in whom the TITLE was vested, at the time of sale
paying the principal, COSTS, attorney fees, and
| interest at the legal rate
SEC. 9. Where practical the property may be
divided at the option OF the owner and sufficient
sold to pay ali lawful demands, and any sum
! over and above shall be turned over 10 the owner
| OF the property
SEC 10. No incumbrance upon land created
| before or after the making a contract or per-
forming labor, or furnishing material, under the
| provisions of this act shall operate upon the
building erected or material furnished, until the
| lien in favor of the person performing the labor
or furnishing the material shall have been salts
fed.
| SEC IL. 1t shall be the duty Of the court
where any doubt arises as to the construction of
this act. TO construe it 50 to give 10 the per-
| son performing any labor the tull amount of his
| claim over and above all costs and reasonable
| attorneys fee to be determined by the court.
SEC. ~. All acts or parts OF acts inconsistent
with the provisions of this act are hereby re-
pealed.
SEC. Is. This act shall take effect and be in
| force from and AFT er it's passage.
Approved March 9Th, 1897
| AN ACT to amend chapter 81, General Statutes
| 1873, regarding executors and administrators.
Be it enacted by the Legislature of the State Of
SECTION l. That Chapter fifty-four (5I of
| the General Statutes of One thousand eight hun
dred ana seventy ,oight Qs1Sl be and the same
| is hereby ammended by adding thereto, after
section fourteen QQ OF said chapter, the follow
ing sections
Section 10. An executor or administrator
may at any time resign his t ust, but such resig-
nation shall not be effectual TOR any purpose
unless the court shall its acceptance of the
same in the form of an order in the record which
The statute requires the court to keep OF the APP
| pointmenJ OF executors and administrators and
| shall have examined. allowed and approved his
final account.
Section 16. When the final account of any
executor or administrator shall have been ex-
| amiued, allowed and approved by the court, in
the form and manner hereinbefore provided for
| the examination of his administration account,
the court shall make and enter an
order forever discharging such executor
| or administrator from all the duties,
powers and liabilities of such trust, and
such order shall have the effect of forever dis
| charging such eXeCtor OF administrator toget eer
| with his sureties upon all bonds filed by him in
| respect to such trust at the expiration of two
~ years after the date Of such order: and after
| the entry of such order, action Or proceeding
snail lie against such executor administrator or
sureties by reason OF anything which such
executor or administrator may have done or not
| done while executing such trust, unless per-
| mission to bring such action or proceeding is
first obtained from the probate court, upon
| notice to such executor or administrator, and
| upon proof, to the satisfaction of said court of
probable Intentional fraud or malieasance of
such officer in executing sIch trust; and in case
such action or proceeding is brought, the exc
cutor or administrator and his sureties shall
still be liable, such release and discharge not
withstanding. provided that the court or jury,
| upon the trial or hearing OF the same, find such
| executor or administrator guilty OF in territorial
fraud or malfeasance in executing such trust,
but not otherwise; provided however, that in
case improper credits shall have been allowed
or proper charges against him have been omitted
upon settlement of his final account, by
| mistake the liability of such executor or ad-
ministrator shall remain in respect thereto as
at present, anything in this chapter to the con-
trary Notwithstanding
Section II Nothing herein contained shall
be construed to abridge or affect the authority
or duty OF al executor administrator to per-
| form, after the entry Of such order of discharge
any duty necessary TO the complete settlement
of the affairs of his testator or intestate. asto
ton: nor shall such discharge prevent an ap-
peal being made and had from the order and
Judgment upon such accounting. as provided by
statute.
Section 49, The word executor in this and
in other chapters relating to probate proceedings
shall be construed to include an administrator
with the will annexed.
SEC. 2. This act shall take effect and be il
force from and after its passage.
Approved March 7th 1887
SO.
AN ACT to amend section one (D of chapter
twenty-five (22) of the General Laws of the
year one thousand, eight hundred and seventy.
two QS72), entitled AN act to promote the
science of medicine and surgery in the State OF
Minnesota.
Be it enacted by the Legislature of the State Of
Minnesota:
SECTION /. That section one o. of chapter
twenty-five (22) of the General Laws for the
year A. d. One thousand, eight hundred and
seventy-two QS72) be and the same is hereby
amended so as to read as follows: 1t shall be
the duty OF, and 1t is hereby required of the
wardens Of penitentiaries, superintendents OF
poorhouses. coroners, undertakers and all other
persons under whose control or custody the re-
mains or body Of any deceased person may come
to deliver such remains or body to committee
OF three 81 who shall be appointed by the deans
of the several medical colleges and schools in
| nd or no nj y "a
teachers in such medical colleges and schools to
receive the same for the purposes OF medical and
surgical study,
Provided ali expenses for the removal and
burial of such remains or body shall be paid by
the college or medical school which shall receive
the same, and,
Provided such committee so selected shall dis
tribute such remains or bodies pro rata among
such medical colleges and schools in proportion
to the number of students enrolled therein: and
Provided, That such remains shall not have
been regularly inferred. and shall not have been
desired for lnterment by any relative of said de-
ceased within thirty -sx hours after death: and
who may be known to have relatives shall be sc
delivered or received without the consent OF
such relatives: and
Provided, That the remains of no person de-
tanned witness or under suspicion of having
committed a crime or any person who shall have
| expressed desire in his OF her last sickness
that mis- or her body may be inferred, shall be
delivered or received as aforesaid; and provided
ais, that in case the remains OF any person sc
delivered or received shall be subsequently
claimed by any relative they shall be
given up to such relative for interment: and
provided also, that ii any such warden, super
intendent undertaken or other person, in whose
custody or control any such remains or body
shall be. shall fail to notify and deliver over to
such committee so selected such remains OF
body within thirty-six (36) hours after the same
shall have come into their possession. they shall
be deemed guilty OF a misdemeanor and shall on
conviction theruf be imprisoned in the county
Jail, for a period not exceeding ninety 900 days